[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Notices]
[Pages 57819-57820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20354]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
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  Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / 
Notices  

[[Page 57819]]



DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket No. NRCS-2020-0005]


Notice of Availability of the Mississippi Trustee Implementation 
Group Final Restoration Plan II and Environmental Assessment: Wetlands, 
Coastal, and Nearshore Habitats and Oysters and Finding of No 
Significant Impact

AGENCY: Natural Resources Conservation Service (NRCS), U.S. Department 
of Agriculture (USDA).

ACTION: Notice of availability and Finding of No Significant Impact.

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SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA), the 
National Environmental Policy Act of 1969 (NEPA), the Deepwater Horizon 
Oil Spill Final Programmatic Damage Assessment and Restoration Plan and 
Final Programmatic Environmental Impact Statement (Final PDARP/PEIS), 
Record of Decision, and Consent Decree, the Federal and State natural 
resource trustee agencies for the Mississippi Trustee Implementation 
Group (MS TIG) prepared a Final Restoration Plan II Environmental 
Assessment: Wetlands, Coastal, and Nearshore Habitats and Oysters 
(RPII/EA) and Finding of No Significant Impact (FONSI). The RPII/EA 
describes the restoration project alternatives considered by the MS TIG 
that meet the Trustees' goals to restore and conserve habitat and 
replenish and protect living coastal and marine resources. The MS TIG 
evaluated these alternatives under criteria set forth in the OPA 
natural resource damage assessment (NRDA) regulations and also 
evaluated the environmental consequences of the restoration 
alternatives in accordance with NEPA. The MS TIG selected four 
restoration projects in the RPII/EA for implementation in the 
Mississippi Restoration Area, which are consistent with the Trustees' 
selected programmatic alternative in the PDARP/PEIS. The purpose of 
this notice is to inform the public of the availability of the RPII/EA 
and FONSI.

ADDRESSES: Obtaining Documents: You may download the RPII/EA and FONSI 
at http://www.gulfspillrestoration.noaa.gov. Alternatively, you may 
request a CD of the RPII/EA and FONSI (see FOR FURTHER INFORMATION 
CONTACT). You may also view the document at any of the public 
facilities listed at http://www.gulfspillrestoration.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Ron Howard, Senior Technical Advisor, 
Natural Resource Specialist, at [email protected]; and Valerie 
Alley, NRDA Coordinator, at [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On April 20, 2010, the mobile offshore drilling unit Deepwater 
Horizon, which was being used to drill a well for BP Exploration and 
Production Inc. (BP), in the Macondo prospect (Mississippi Canyon 252-
MC252), exploded, caught fire, and subsequently sank in the Gulf of 
Mexico, resulting in an unprecedented volume of oil and other 
discharges from the rig and from the wellhead on the seabed. The 
Deepwater Horizon oil spill is the largest maritime oil spill in U.S. 
history, discharging millions of barrels of oil over a period of 87 
days. In addition, well over 1 million gallons of dispersants were 
applied to the waters of the spill area to disperse the spilled oil. An 
undetermined amount of natural gas was also released to the environment 
as a result of the spill.
    The Deepwater Horizon State and Federal natural resource trustees 
(DWH Trustees) conducted the natural resource damage assessment (NRDA) 
for the Deepwater Horizon oil spill under the Oil Pollution Act 1990 
(OPA; 33 U.S.C. 2701-2720) and the implementing NRDA regulations (15 
CFR part 990). In accordance with OPA, Federal and State agencies act 
as trustees on behalf of the public to assess natural resource injuries 
and losses and to determine the actions required to compensate the 
public for those injuries and losses. OPA further instructs the 
designated trustees to develop and to implement a plan for the 
restoration, rehabilitation, replacement, or acquisition of the 
equivalent of the injured natural resources under their trusteeship, 
including the loss of use and services from those resources from the 
time of injury until the time of restoration to baseline (the resource 
quality and conditions that would exist if the spill had not occurred) 
is complete.
    The DWH Trustees are:
     U.S. Department of the Interior (DOI), as represented by 
the U.S. Fish and Wildlife Service (USFWS), the National Park Service 
(NPS), and Bureau of Land Management (BLM);
     National Oceanic and Atmospheric Administration (NOAA), on 
behalf of the U.S. Department of Commerce (DOC);
     U.S. Department of Agriculture (USDA);
     U.S. Environmental Protection Agency (EPA);
     State of Louisiana Coastal Protection and Restoration 
Authority, Oil Spill Coordinator's Office, Department of Environmental 
Quality, Department of Wildlife and Fisheries, and Department of 
Natural Resources;
     State of Mississippi Department of Environmental Quality 
(MDEQ);
     State of Alabama Department of Conservation and Natural 
Resources and Geological Survey of Alabama;
     State of Florida Department of Environmental Protection 
and Fish and Wildlife Conservation Commission; and
     The State of Texas, Texas Parks and Wildlife Department, 
Texas General Land Office, and Texas Commission on Environmental 
Quality.
    Upon completion of NRDA, the DWH Trustees reached and finalized a 
settlement of their natural resource damage claims with BP in a Consent 
Decree \1\ approved by the United States District Court for the Eastern 
District of Louisiana. In accordance with that Consent Decree, 
restoration projects in the Mississippi Restoration Area are now chosen 
and managed by the MS TIG.
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    \1\ https://www.justice.gov/enrd/file/838066/download.
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    The MS TIG is composed of the following Trustees:
     MDEQ;
     DOI, as represented by the USFWS, the NPS, and the BLM;
     NOAA, on behalf of DOC;
     USDA; and

[[Page 57820]]

     EPA.
    The restoration planning activities are proceeding in accordance 
with the Final PDARP/PEIS. Restoration Types evaluated in the RPII/EA 
include: Wetlands, Coastal, and Nearshore Habitats; and Oysters. 
Information on the restoration types that were considered in the RPII/
EA, as well as a general overview of the OPA NRDA criteria against 
which project ideas were evaluated, can be found in the Final PDARP/
PEIS (http://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan) and in the Overview section of the PDARP/PEIS (http://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan).
    The MS TIG posted a Notice of Solicitation calling for project 
ideas on June 11, 2018 \2\ through August 10, 1018 (June 11, 2018, 
Notice). Project ideas were requested for the following restoration 
types: Wetlands, Coastal, and Nearshore Habitats (WCNH); Nutrient 
Reduction; Oysters; Sea Turtles; and Marine Mammals. During the 
planning process the MS TIG decided to focus only on WCNH and Oyster 
Restoration Types in RPII. On October 10, 2018, the MS TIG published a 
Notice of Initiation of Restoration Planning in Mississippi.\3\
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    \2\ https://www.gulfspillrestoration.noaa.gov/2018/06/mississippi-trustee-implementation-group-welcomes-publics-project-ideas.
    \3\ https://www.gulfspillrestoration.noaa.gov/2018/10/notice-initiation-restoration-planning-mississippi.
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    The notice of availability of the Draft RPII/EA was published in 
the Federal Register on April 22, 2020 (85 FR 22393-22395). In the 
Draft RPII EA, the MS TIG evaluated seven alternatives and two No 
Action Alternatives for the WCNH and Oysters Restoration Types, 
respectively. In the Draft RPII/EA, the MS TIG determined that the 
actions proposed for selection would be consistent with the 
programmatic restoration alternative selected in the Final PDARP/PEIS 
and would be funded by $4,887,500 from the WCNH Restoration Type and 
$10,500,000 from the Oysters Restoration Type allocations to the 
Mississippi Restoration Area. The MS TIG provided the public with 30 
days to review and comment on the Draft RPII/EA and hosted a public 
webinar to provide an overview of the Draft RPII/EA and to provide 
opportunity for public comment. Public comment was also received 
electronically through the Trustee-wide public website, the 
Regulations.gov website, and by mail and email correspondence. The MS 
TIG considered the public comments received (See Chapter 8.0 of the 
RPII/EA), which informed the MS TIG's analysis of alternatives in the 
RPII/EA. The MS TIG also considered the OPA NRDA criteria against which 
project ideas are evaluated, which can be found in the PDARP/PEIS and 
in the Overview of the PDARP/PEIS (http://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan).

Overview of the RPII/EA

    The RPII/EA is being released in accordance with the OPA NRDA 
regulations in 15 CFR part 990, NEPA (42 U.S.C. parts 4321-4347), and 
40 CFR part 1500.
    In the RPII/EA, the MS TIG selects four alternatives to be funded 
from Restoration Type funds as specified below. Specifically, the MS 
TIG selects the following projects for implementation:
     Wolf River Coastal Preserve Habitat Management--Dupont and 
Bell's Ferry Tracts (WCNH);
     Hancock County Coastal Preserve Habitat Management--
Wachovia Tract (WCNH);
     Oyster Spawning Reefs in Mississippi (Oysters); and
     Mississippi Oyster Gardening Program (Oysters).
    The total estimated cost of the four selected alternatives is 
approximately $15 million.
    The RPII/EA evaluates a reasonable range of alternatives and a No 
Action Alternative for each of the Restoration Types. As a result of 
its evaluation, the MS TIG determined that the restoration projects 
selected for funding are most appropriate for providing partial 
compensation to the public for injured natural resources and ecological 
services in the Mississippi Restoration Area. The selected alternatives 
are intended to continue the process of restoring natural resources and 
ecological services injured or lost as a result of the Deepwater 
Horizon oil spill. Additional restoration planning for the Mississippi 
Restoration Area will continue.
    In accordance with NEPA and as part of the RPII/EA, the Trustees 
issued a FONSI which is available in Appendix E of the RPII/EA.

Administrative Record

    The DWH Trustees opened a publicly available Administrative Record 
for the NRDA for the Deepwater Horizon oil spill, including restoration 
planning activities, concurrently with publication of the 2011 Notice 
of Intent to Begin Restoration Scoping and Prepare a Gulf Spill 
Restoration Planning PEIS (pursuant to 15 CFR 990.45). The 
Administrative Record includes the relevant administrative records 
since its date of inception. This Administrative Record is actively 
maintained and available for public review. The documents included in 
the Administrative Record can be viewed electronically at the following 
location: http://www.doi.gov/deepwaterhorizon/adminrecord.

Authority

    The authority for this action is the OPA (33 U.S.C. 2701 et seq.), 
its implementing NRDA regulations in 15 CFR part 990, and the NEPA (42 
U.S.C. 4321 et seq.) and its implementing regulations in 40 CFR parts 
1500-1508.

Kevin Norton,
Acting Chief, Natural Resources Conservation Service.
[FR Doc. 2020-20354 Filed 9-14-20; 4:15 pm]
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